Terms and Conditions

1. Priority.

The following terms and conditions govern your use of the HP Labs Multimedia Analytic Platform Site, in combination with the HPCloud.com Customer Agreement and Acceptable Use Policy (located at HPcloud.com), the HP.com Website Terms of Use and Privacy Statement (collectively, the “Terms”), all of which are incorporated herein by this reference. In the event of an inconsistency between the terms set forth below and the Terms documents mentioned above, the documents shall govern in the following order: this Agreement, then the HPcloud.com Customer Agreement and Acceptable Use Policy, then the HP.com Website Terms of Use and Privacy Statement. Your use of the HP Labs Multimedia Analytic Platform is entirely conditioned on your being a party to an active HP Cloud Services Customer Agreement.

Welcome to the HP Labs Multimedia Analytic Platform. The terms and conditions set forth below (the "Agreement") govern your use of this web site ("Site"). By using or visiting the Site, you expressly accept and agree to be bound by this Agreement and to follow all applicable laws and regulations governing the Site. Acceptance of the Terms creates a binding contract between you and Hewlett-Packard Company ("HP"), owner of the Site, that you will use the Site only in a manner consistent with the Terms. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, you should leave the Site and discontinue use of the Service immediately. Please read the Terms carefully and save them.

2. Purpose of the Site.

HP offers the Site as a place where you can experiment with some of the latest technologies that are under development at HP Labs, using your own media or sample pictures we provide. HP will collect information regarding your use of the technology and customer satisfaction in order to further develop the technologies and bring them to market in a way that is of benefit to our customers.

3. Usage of Contributed Content.

HP may collect and save the content you use and create on the Site, for the purpose of research and development. We may also save the feedback that is associated with the content, but we will not identify any individual as the source of the content or the feedback. HP Labs employees may have access to the content you use and create on the site for internal research and development activities. You hereby grant HP the right to copy, display, modify, distribute, transmit and make derivative works of your content, for the purposes of developing and providing the technology.

4. Feedback.

As part of your experimentation, you may provide feedback about your experience on the Site. Feedback includes but is not limited to comments, suggestions, ideas, data, notes, or other information you provide through this Site or related surveys. HP shall have the right to retain and use your feedback in current or future products or services without compensation to you. To the extent such feedback is protectable under intellectual property laws, you agree to cooperate with HP as needed to obtain such protection as HP may desire and you agree to assign your rights to such information to HP.

5. Site Availability.

The Site may not be available at all times. The composition of the Site may change over time, and we may discontinue it entirely at any time. HP may remove or replace the technology embodiments that are featured on the Site from time to time. These changes may occur without prior notice to Site users.

6. Use of Software.

From time to time, HP may make certain third party software programs available to you through the Site. Such third party programs are provided solely as a convenience to you. HP does not control and is not responsible for any of these programs or their content. To use such third party software programs, you may need to agree to terms and conditions set by that third party; any such agreement is entirely between you and the third party. Thus, HP does not endorse or make any representations about them, their safety, functionality or any results that may be expected from using them. If you decide to use any of the third-party software programs provided through this Site, you do so entirely at your own risk. If you provide any information about yourself through these third party programs or otherwise to the individuals or companies licensing these programs to you, that information will not be subject to HP's privacy policy.

7. Discussion Forums.

HP may, but is not obligated to, monitor or review any areas on the Site where users transmit or post material, information or other communications ("Communications") or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other forums, and the content of any such Communications. HP, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. HP retains the right to remove messages that include any material HP deems abusive, defamatory, obscene, pornographic, infringing, or otherwise unacceptable, without prior notice to the individual that posted the message.

8. Prohibited Uses.

HP Labs Multimedia Analytic Platform is provided to you for your own personal use, and may also be used to create, offer and provide products and services you create to your customers and end users. It may not be used for any other purpose, or to direct traffic to another website for commercial purposes, or for mirroring any portion of HP Labs Multimedia Analytic Platform on another website. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works of HP Labs Multimedia Analytic Platform. You may not use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the HP servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

You may not use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the HP servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

9. Modification of Terms.

HP reserves the right to modify the terms of this Agreement at any time without giving you prior notice. Your use of the Site following such modification constitutes your agreement to follow and be bound by the Agreement as modified. Accordingly, we suggest that you check this page periodically.

10. Violation of Terms.

In addition to any legal remedies that HP may have for your violation of the terms of this Agreement, HP shall also have the right in its sole discretion to suspend or terminate your access to the Site.

11. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, HP INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "HP AFFILIATES") , WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, THE SOFTWARE, AND ANY CONTENT SUBMITTED BY YOU OR BY OTHER USERS OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF THE SERVICE, INTERRUPTION OF THE SERVICE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF HP'S SECURE SERVERS AND /OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (v) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, (vi) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL HP OR HP AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) PERSONAL INJURY, LOSS OR PROPERTY DAMAGE INCURRED AS A RESULT OF YOUR ACCESS TO AND USE OF THE SERVICE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may have other rights which vary from state to state.

12. Indemnity.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HP AND HP AFFILIATES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM: (i) YOUR USE OF AND ACCESS TO THE SERVICE, THE SOFTWARE, CONTENT, AND USER SUBMISSIONS; (ii) ANY VIOLATION OF THE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT; (iii) ANY CLAIM THAT YOUR CONTENT OR USER SUBMISSION CAUSED DAMAGE TO A THIRD-PARTY, AND (iv) ANY VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY, REAL PROPERTY, MORAL AND/OR PRIVACY RIGHT. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMS AND YOUR USE OF THE SITE.

13. NO WARRANTY.

ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, HARM TO YOU AND YOUR PROPERTY, HARM TO ANY THIRD PARTY AND HIS/HER /THEIR PROPERTY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, HP AND HP AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OWNERSHIP, AND NON-INFRINGEMENT. HP MAKES NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITE LINKED TO THIS SITE, OR THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES, TROJAN HORSES, BUGS OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. HP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (i) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (ii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR (iii) ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. HP AND HP AFFILIATES MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED OR OFFERED ON THE SITE OR ANY HYPERLINKED SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

14. Assignment.

The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HP without restriction.

15. Termination.

HP may, in its sole discretion, terminate your use of the Service, and remove and discard any Content, including user submissions, at any time, without notice, for any reason, including: (i) conduct that violates the Terms or other policies or guidelines set forth by HP elsewhere within the Service, or (ii) conduct HP believes is harmful to other users, the business of HP, or HP. HP will not be liable to you or any third-party for any termination of your access to the Service.

16. U.S. government restricted rights.

This Site contains confidential computer software and technical data. A valid license from HP is required for possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under HP's standard commercial license terms.

17. General.

HP administers this Site from its offices in Palo Alto, California. HP makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. The Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. The state and federal courts of New York are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to the Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of New York. HP may amend the Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by HP will be prospective only. You should visit this page from time to time to review the then-current Terms because they are binding on you. This Agreement and the Terms constitute the entire agreement between you and HP governing your use of the Service. In the case of inconsistencies between the Terms and any information included in off-line materials (for example, promotional materials and mailers), the Terms will always control. You may also be subject to additional terms and conditions that may apply when you use third-party content, third-party services, or third-party software. The failure of HP to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.